The ECI is in the "process" of acting on a Supreme Court order to initiate action on a complaint by TMC candidate Mahua Moitra against BJP leader Mahadev Sarkar for allegedly making sexually coloured remarks against her, a senior functionary said Thursday.
A bench of Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna directed the Election Commission of India to pass the order "forthwith".
"Having regard to the limited prayer made and the time available, we direct the competent authority in the Election Commission of India to pass necessary orders forthwith...," the bench said.
"The order was received this (Thursday) afternoon. It (action) is under process based on that," the senior functionary said.
Senior advocate Indira Jaising, appearing for Moitra, said during an election campaign, Sarkar made sexually coloured remarks against the TMC candidate before the public.
She said less than 48 hours are left for campaigning for the Lok Sabha polls in the Krishna Nagar constituency in West Bengal and urgent orders were required directing the ECI to take necessary action.
Moitra, who is a Trinamool Congress candidate, alleged that Nadia district BJP president Sarkar in the presence of party candidate Kalyan Chaubey made sexually coloured remarks against her on April 22.
She said the poll panel has not taken any action against Sarkar.
Another EC official said if the commission decides to take action against Sarkar, it would use provisions of the model code as well as a top court directive asking politicians to desist from "deeds or actions construed as being repugnant to the honour and dignity of women".
Para 2 of the model code states that "Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties ...
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